N.Y. General Business Law § 490-a: Definitions

§ 490-a. Definitions. For the purposes of this article, the following

terms shall have the following meanings:

1. "Department" means the department of state.

2. "Children's product" shall mean a toy or other article, other than

clothing, primarily intended for use by a child under twelve years of

age. The following shall be considered in determining if the toy or

article is intended for a child under twelve years of age:

(a) A statement by a manufacturer about the intended use of such toy

or article, including a label on such toy or article;

(b) The context and manner of the advertising, promotion, and

marketing associated with the toy or article; and

(c) Whether the toy or article is commonly recognized by consumers as

being intended for use by a child under twelve years of age.

3. "Commercial dealer" means any person who is in the business of

manufacturing, remanufacturing, retrofitting, distributing, importing,

or selling at wholesale children's products in New York state. This

definition shall not be construed to include retailers.

4. "Secretary" means the secretary of state.

5. "Initial consumer" means a person who purchases a children's

product or durable juvenile product for any purpose other than resale.

6. "Secondhand dealer" means a person who sells as a primary source of

income reconditioned, remanufactured, refurbished, previously owned, or

consignment items. Such term shall not include the initial consumer or

someone who purchases a children's product or durable juvenile product

primarily for personal use but who subsequently sells the product.

7. "Durable juvenile product" means products intended for use, or that

may be reasonably expected to be used, by children under the age of five

years as defined in subsection (f) of section 104 of the United States

Consumer Product Safety Improvement Act of 2008, Pub. L. No. 110-314 or

other similar durable juvenile products designed for children under age

five as shall be specified in regulations promulgated by the United

States consumer product safety commission.

8. "Person" means a natural person and any entity, including but not

limited to a sole proprietorship, partnership, firm, corporation,

limited liability company, or association, and any employee or agent

thereof.

9. "Product safety owner's card" means a postage paid registration

form that (a) requests the initial consumer to provide prescribed

information to the manufacturer, and (b) requires the manufacturer

provide certain prescribed information to the initial consumer. All such

information shall be prescribed by the United States consumer product

safety commission, pursuant to subsection (d) of section 104 of the

United States Consumer Product Safety Improvement Act of 2008, Pub. L.

No. 110-314 and the United States consumer product safety commission

rules promulgated in accordance with such act.

10. "Recall" means a request to return a product to the manufacturer

due to a defect in the product.

11. "Retailer" means any person who as a business or for-profit

venture sells or leases children's products or durable juvenile products

for-profit in New York to initial consumers. Such term shall not include

(a) someone who purchased or acquired a product primarily for personal

use and who subsequently resells the product, or (b) any secondhand

dealer, as defined in this section.

12. "Knowledge" means (a) the receipt of notice or having actual

knowledge or (b) the presumed having of knowledge deemed to be possessed

by a reasonable person who acts in the circumstances, including

knowledge obtainable upon the exercise of due care.